Tenure of Office under the Constitution: A Study in Law and Public Policy, by James Hart

Tenure of Office under the Constitution: A Study in Law and Public Policy, by James Hart

Tenure of Office under the Constitution: A Study in Law and Public Policy, by James Hart

Tenure of Office under the Constitution: A Study in Law and Public Policy, by James Hart

Excerpt

This volume is the expansion of a paper read before the round table on administrative law, under the leadership of Professor John Dickinson, then of Princeton University, at the Chicago meetings of the American Political Science Association, held in December, 1928. That paper was published in the American Political Science Review for August, 1929, under the title The Bearing of Myers v. United States Upon the Independence of Federal Administrative Tribunals.

The present work seeks to elaborate the theses of the original paper, and especially to emphasize the point of view from which the subject has been approached. In primary aim, it is a study in politicolegal processes from the point of view represented by John Dewey in logic, philosophy, ethics and politics, and by Mr. Justice Holmes and W. W. Cook in law. It is not unrelated to the sociological jurisprudence of Dean Pound, and his theory of the judicial process as one of "social engineering"; to what Judge Cardozo has emphasized as the "sociological method"; and to various other currents in contemporary thought. All these currents, however, head up in the instrumental logic of Dewey, and, on the legal side, in the application of this logic to legal analysis, which is represented by Cook. To the latter the . . .

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